EB-1C Remanded — Software And It Services (2020): the Director's decision lacked a proper analysis of the

Decision Summary

The appeal was remanded because the Director's decision lacked a proper analysis of the Beneficiary's foreign employment claim, denying the Petitioner a meaningful opportunity to challenge the findings. The decision was also procedurally flawed, being unclear whether it was a final denial or an intent to deny, and the separate finding of fraud or willful misrepresentation was inadequately explained and analyzed.

Criteria Discussed

Sign up free to download the original PDF